Partido Patria Libre - The Inter-American Commission On Human Rights

The Inter-American Commission On Human Rights

V. CONCLUSIONS

89. The Commission concludes that it is competent to take cognizance of the instant case and that the petition with respect to Messrs Juan Francisco Arrom Suhurt and Anuncio Martí Méndez is admissible, pursuant to Articles 46 and 47 of the American Convention.

90. As for the other victims alleged in this case, the Commission concludes that the remedies under domestic law have not yet been pursued and exhausted.

91. Based on these arguments of fact and of law, and without prejudging the merits of the case,

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

DECIDES:

1. To declare the present petition admissible with respect to the alleged violations of the rights recognized in articles 5, 7, 8 and 25 of the American Convention, in relation to the general obligations upheld in articles 1.1 and 2 of the Convention, and to the detriment of Messrs. Juan Francisco Arrom Suhurt and Anuncio Martí Méndez. To declare the case also admissible with respect to the alleged violations to articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Messrs Juan Francisco Arrom Suhurt and Anuncio Martí Méndez.

2. To declare the present petition inadmissible with respect to the alleged violations of Article 22 of the American Convention.

3. To declare the present petition inadmissible with respect to the alleged violations of the rights of Messrs. Víctor Antonio Colmán, Ana Rosa Samudio de Colmán, Jorge Samudio, and their next of kin.

4. To notify the parties of this report.

5. To publish this report in its Annual Report.

Done and signed in the city of Washington, D.C., on the 30th day of the month of October 2008. (Signed): Paolo G. Carozza, Chairman; Luz Patricia Mejía Guerrero, First Vice Chairwoman; Felipe González, Second Vice Chairman; Sir Clare K. Roberts, Paulo Sérgio Pinheiro, and Víctor E. Abramovich, members of the Commission.